Arlington, VA asked in Criminal Law, Sexual Harassment and Civil Litigation for Georgia

Q: Sexual assault occurred a year ago; should I seek criminal or civil charges?

I was a victim of sexual assault about a year ago. I have struggled with this for a while, and now want to pursue legal action against the assailant. Should I pursue civil or criminal charges? And how involved would I personally have to be in either process (appearing in court, deposition, testifying, etc.)? Thank you.

2 Lawyer Answers
Sean McIlhinney
Sean McIlhinney
PREMIUM
Answered
  • Criminal Law Lawyer
  • Norcross, GA
  • Licensed in Georgia

A: I am very sorry for your situation. This is an excellent question.

Many more details would need to be known in order to give you a complete evaluation and advise you in this situation.

I would advise that you contact an experienced attorney for a 1 hour consultation to address your objectives and concerns to develop a strategy to attack this important issue.

I have been practicing law in GA for over 20 and can definitely advise you if like.

Please feel free to call me to schedule a consultation. My contact details are set out below.

Again, I am very sorry for your situation and wish you the best of luck in bringing the matter to a successful conclusion. Sincerely,

Sean McIlhinney, Esq.

Email: sean@ms-firm.com

Cell: 404-932-3099

Office: 678-387-6920

David Edward Boyle
David Edward Boyle
PREMIUM
Answered
  • Criminal Law Lawyer
  • Monroe, GA
  • Licensed in Georgia

A: You can pursue both options at the same time. In order for the criminal matter to proceed you would need to report the matter to the law enforcement agency in the jurisdiction where it occurred. For a civil case you would need to file a lawsuit in the county where the assaulting party lives. I would encourage you to speak to an attorney prior to proceeding with the civil suit.

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